Data protection

1. Contents of this Data Protection Notice

In this Data Protection Notice, we – Stadtwerke München (Munich City Utilities), Emmy-Noether-Strasse 2, 80992 Munich – provide information about which personal data we collect, process and use when you visit our www.swm.de website. We also explain the choices you have with regard to your data, and your options and ways to refuse certain actions.

In addition, in Parts 2, 5c and 6, we explain the consent you give under data protection law a) in connection with Google Ads and Google Analytics when you use our website and b) if you click on 'Like' buttons. You can revoke that consent effective for the future by refraining from making any further use of our website, or by refraining from further clicking the 'Like' buttons.

This Data Protection Notice also applies if one of our other websites indicates this.

The term 'personal data' means all individual data regarding a specified or specifiable natural person, e.g. your e-mail address, address, date of birth or the content of queries which you send us via the contact form.

2. Basic Information Regarding Collecting of Data and Scope of Use

When you visit our website, basically we do not collect any personal data. We only collect and use such data if and insofar as this is necessary for carrying out the service in question, e.g. in the customer section of 'My SWM'.

In forms on our website, mandatory fields are indicated by an asterisk (*). Filling out all other fields is optional.

Insofar as we collect, process or use personal data, we comply with the applicable legislation, in particular Germany's Federal Data Protection Act [BDSG] and Telemedia Act [TMG].

We forward personal data collected via websites to government entities, authorities and courts insofar as we are obligated to do so or insofar as this is necessary to ensure that legal defence can be carried out efficiently or that rights can be asserted.

To operate the website or send newsletters ordered by you, we may use the services of technical service providers that involve contract data processing.

Unless explicitly indicated otherwise in this Data Protection Notice, we do not send personal data to countries outside the European Union or European Economic Area.

Insofar as, under the terms of this Data Protection Notice, we send personal data (or data traceable to specific individuals) to the USA, e.g. to Google, we hereby explicitly state that different levels of data protection prevail in the USA, and that those levels do not match those in the EU. By using this website, you consent to such data being sent to that country.

3. 'Customers Recruit Customers' Program

In order to implement our 'Customers Recruit Customers' program, we use the services of Tellja GmbH, Solmsstrasse 12, D-60486 Frankfurt am Main. The Data Protection Notice of Tellja applies to the collecting, processing and use of personal data as part of that program.

4. SWM Cookies

A cookie is a small file stored on your computer. The contents of that file are sent to our server every time you visit our website.

If you log in to 'My SWM' as a customer, our server places a cookie with a code number on your computer. We use a cookie solely to recognize you again as a logged-in user (these are known as session cookies). The cookie is automatically deleted when you log out or close the browser window.

In the event of an erroneous log-in, we store your user name for a few seconds in a cookie so that it can be displayed again when you make a further log-in attempt.

Next to it, we place a cookie to save information indicating that we have already displayed our notice about the use of cookies to you.

You can use your browser settings to deactivate the storing of cookies. However, you will then no longer be able to use the 'My SWM' section.

A further cookie is set when you visit www.swm.de. This is used to ensure system stability. The cookie expires after three minutes at the latest. You can delete existing cookies via your browser.

5. Collecting and Evaluating Usage Data (Tracking)

a) Server Log Files

When you visit an individual page, by default our Web servers store the address (URL) of the visited page, the date, time, duration, and size of the visit in a log file, along with any error messages and if necessary the operating system and browser software of your computer, and the website which you visited prior to visiting us.

We also store the IP address of your computer in our log files; however, we first delete a segment of it so that you cannot be identified by name. The IP address is a number which your internet service provider assigns to your computer temporarily or on an ongoing basis.

b) Google Analytics

Our website uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (Google). Google Analytics uses cookies—text files which are stored on your computer and which allow analysis of how you use the website. As a general rule, the information generated by the cookie about your visit to our website is sent to a Google server in the United States and stored there. However, if you activate IP anonymization on our website (see below), within European Union member states or European Economic Area signatory states Google will first abridge your IP address. Only in exceptional cases will the full IP address be sent to a Google server in the United States and abridged there. Based on instructions from us, Google will use this information to evaluate your use of our website, to put together reports about website activities, and to provide us with other services relating to website use and Internet use. The IP address sent from your browser as part of Google Analytics will not be merged with other data from Google.

We have added 'gat._anonymizeIp();' to the code in our website to allow anonymized collecting of IP addresses.

If you wish to refuse the aforementioned tracking via Google Analytics, please click on the link below. A cookie (opt-out cookie) will then be set which will prevent future collecting of your data when you visit our website.

You can also prevent storing of cookies by using an appropriate setting on your browser software; however, please note that if you do so, in certain cases you may not be able to use all functions on our website to the full extent.

You can also prevent collecting of the data which is generated by the cookie and which relates to your usage of our website (including your IP address), and also prevent the data from being sent to and processed by Google, by downloading and installing a browser plug-in.

c) Google Analytics Reports as a Basis for Serving of Data based on Demographic Characteristics and Interests

Over and beyond the standard version of Google Analytics, we use Google Analytics reports also as a basis for serving of data based on demographic characteristics and interests. To accomplish this, Google users a double-click cookie set on your computer by Google. This allows us to receive from Google reports about which visitor groups (interest categories, age groups) with what interests visit our website, for example. We use this information to help us better address our target group. You are not identified by us personally when these reports are generated.

By using our website, you consent to the use of this data in conjunction with Google Analytics (serving of data based on demographic characteristics and interests).

You can prevent your visit from being included in reports by refusing tracking by Google Analytics (as described above).

When you visit certain specific pages on our website, e.g. at the start of an order process, program code provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA is present in those pages. As a result, a code number which Google has previously stored in a cookie in your browser is sent to Google. This notifies Google that you have visited specific pages on our website (e.g. start of an order process). If you then subsequently enter search terms into Google, or if you see advertisements from the Google Network on other websites, we are able to present our ads to you there in a targeted manner (this is known as remarketing). If you have a Google account, in certain situations Google links these data to your Google account.

You can refuse remarketing by configuring your browser so that it does not accept any cookies. However, please note that if you do so, in certain cases you may not be able to use all functions on our website to the full extent.

On our website, we use technology provided by eTracker GmbH to collect and store data for marketing and optimization purposes. Among other things, these data can be used to generate user profiles, each with a pseudonym. Cookies may be used for this. Cookies are small text files stored locally in the cache of the website visitor's browser. The browser can be recognized thanks to the cookies.

Unless the individual in question specifically grants approval via a separate process, the data collected using eTracker technology will not be used to personally identify the website visitor, and will not be merged with personal data regarding the bearer of the pseudonym. At any time you can refuse collecting and storing of data, effective for the future.

Your opposition has been successful.

Your data will not be determined immediately by Google Analytics.

6. “Share” buttons from Facebook, Google+ and Twitter

We have integrated “Share” buttons from Facebook, Google+, Twitter and WhatsApp (referred to as “operators” below) with the implementation of what is known as the Shariff solution: This prevents social networks from being able to query your data before you have clicked on the corresponding button.

With the normal buttons which the social networks offer for linking to web pages, on loading the page the browser already sends personal data like your IP address to the operator. With the Shariff solution, your browser only makes a connection with the operator when you have clicked the button.

If the connection is established, we have no influence over the scope of the data which the operator collects and how they use it. In every case, the operator receives and stores the information that you have visited the corresponding page of our internet presence.

If you are logged in with the operator or log in later, the operator can associate your visit to us with your “share” to your account with the operator. If you do not have an account with the operator, there is nevertheless the possibility that they collect and store your IP address or register your visit to us using cookies.

Please find the purpose and scope of data collection and the later processing and use of the data by the operator, as well as the relevant rights and possible settings for the protection of your privacy, in the privacy policy of the particular operator:

By clicking on the “share” button you agree to the corresponding collection and processing of your data.

7. Search Function (Google Site Search)

For the search function on our website, we use Google Site Search, a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. If you use the search function on our website, data will be sent to Google, and the Google Data Protection Provisions will apply.

8. Embedded Videos (YouTube)

Our website includes embedded videos, which from a technical standpoint are provided by YouTube. YouTube is a service of Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To embed YouTube videos, we use the providers 'enhanced data protection mode'. This means data are not collected until you click on the provider’s video, at which point a cookie is set on your computer. In terms of data protection, the entity responsible is Google. For further information, please visit Google Data Protection Provisions.

If you want to ensure that none of your data are sent to YouTube, do not click on the embedded videos on our website.

9. Security

To ensure that during transfer your data cannot be read by unauthorized parties, we encrypt our forms for transfer. We use 128-bit secure socket layer (SSL) encryption, which is a modern, reliable Internet security standard. This is indicated by the 'https' in the address line in your browser.

10. Enquiries

If you have questions regarding data protection at SWM, or if you wish to know which personal data regarding yourself we have stored, please contact our data protection officer:

Pursuant to § 4g of Germany's Federal Data Protection Act [BDSG], the data protection officer must make the information described in § 4e Sentence 1 Nos 1 - 8, Federal Data Protection Act available in a suitable way to anyone who requests it. To fulfil that obligation directly, we have provided a Public Statement of Data Processing.